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located in Tofte, Minnesota. Tofte is located on the shore of
Lake Superior in Superior National Forest, approximately 250
miles northeast of petitioners' residence in New Hope.
Bluefin Bay consists of six buildings, each having a
different layout. The six buildings contain a total of 54
condominium units. Petitioners' unit is located in a building
which has three floors and consists of 20 condominium units,
including 10 one-story units on the first floor and 10 two-story
units on the second and third floors. Petitioners' unit is a
two-story unit. Since there are exterior doors on both floors,
the unit may be rented in its entirety or by individual floor by
simply unlocking or locking an interior, adjoining door.
Petitioners were members of the Bluefin Bay Condominium
Association (BBCA), the common interest owner of Bluefin Bay.
BBCA owns all of Bluefin Bay's common property, including an
indoor swimming pool, tennis courts, a conference room, a parking
area, water and waste treatment facilities, and communication and
cable equipment. BBCA arranged for the Tofte Management Company
(TMC) to manage and operate the Bluefin Bay complex. Prior to
1991, BBCA had member committees who would collectively decide
the nature and extent of the services to be performed by TMC.
Other member committees were responsible for establishing minimum
standards for the individual units. In response to increasing
difficulties in making decisions through the committee process,
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Last modified: May 25, 2011